G.R. No.

L-20281 November 29, 1965

DOMINGO MALOGA, petitioner,

vs.
VICENTE G. GELLA, DALMACIO C. GENER and MELITON REYES, respondents.

Juan T. David for petitioner.

Office of the Solicitor General for respondents.

DIZON, J.:

Petition for certiorari filed by Domingo Maloga to set aside and annul the administrative complaint for
grave misconduct in office filed against him by Vicente Gella, in the latter's capacity as Treasurer of the
Philippines, and to enjoin Dalmacio C. Gener, as hearing officer, and Meliton Reyes, as prosecutor, from
hearing the same.

In a letter dated February 16, 1962, respondent Gella required petitioner, National Cashier of the Bureau
of Treasury, to explain within seventy-two (72) hours why he should not be charged administratively for
violation of office regulations, neglect of duty and grave abuse of discretion. Not satisfied with Maloga's
explanation, respondent Gella, in an unverified letter-complaint dated March 7, 1962, charged him with
grave misconduct in office, requiring him at the same time to answer the same within seventy-two (72)
hours and relieving him of his position as National Cashier of the Bureau of Treasury.

Answering said letter-complaint, petitioner alleged among other things, that the same is nul l and void for
it was not sworn to by complainant, as required by the following provisions of Section 32 of Republic Act
No. 2260.

... no complaint against a civil service official or employee shall be given due course unless the same is in
writing and subscribed and sworn to by the complainant. ...

Thereafter, respondent Gella, relying on the provisions of Paragraph 1 of Executive Order No. 370, series
of 1941, exempting a department head from verifying his complaint against his subordinate designated
respondents Gener and Reyes, as hearing officer and prosecutor, respectively, to conduct an
administrative investigation of the charges against petitioner. In view thereof, the latter filed the present
petition.

The writ prayed for must be denied, firstly, because petitioner did not exhaust the administrative
remedies available before instituting the present action; and secondly, because when the administrative
charge against a government employee is preferred by the head or chief of the bureau or office
concerned, the same need not be verified.

From the ruling of the respondent Treasurer of the Philippines, petitioner could have appealed to the
corresponding department head before filing the present action for certiorari. This he failed to do.

On the other hand, pursuant to Executive Order No. 370, series of 1941, administrative proceedings may
be commenced against a government officer or employee by the head or chief of the Bureau or office
concerned motu proprio, in which case, whatever written charge is filed by him need not be sworn to, for
the simple reason that said head or chief of the bureau or office is deemed to be acting in his official
capacity and under his oath of office. It is only when the charge or complaint is filed by another person
that the aforesaid executive order requires it to be under oath, for the obvious purpose of protecting
government employees against malicious complaints filed only for the purpose of harassing them; and
even in such case, when the complaint is not or cannot be sworn to by the complainant, the head or chief
of the bureau or office may, in his discretion, take action thereon if the public interest or the special
circumstances of the case warrant. If this is so, it would he illogical to require the head or chief of the
bureau or office to swear to the complaint when the same is filed by him. In this connection, we have held
in Pastoriza vs. Division Superintendent of Schools, G.R. No. L-14233, September 23, 1959, that the
procedure under Executive Order No. 370 substantially conforms to the requirements of Section 32 of
Republic Act No. 2260 to the effect that no complaint against a civil service official or employee shall be
given due course unless the same is in writing and subscribed and sworn to by the complainant. And
in Bautista vs. Negado, G.R. No. L-14319, May 26, 1960, We further held that "a complaint is not a
prerequisite to an administrative investigation." In the light of these rulings and the provisions of the
executive order already referred to, it seems clear that the respondent Treasurer of the Philippines had
authority to initiate the administrative proceedings against petitioner; that a formal complaint was not a
prerequisite for the validity thereof, and that, consequently, said respondent's letter of March 7, 1962
charging petitioner with grave misconduct in office did not have to be under oath.

WHEREFORE, the writ of certiorari prayed for is hereby denied. With costs.

Bengzon, C.J., Bautista Angelo, Concepcion, Reyes, J.B.L., Regala, Makalintal, Bengzon, J.P., and Zaldivar,
JJ., concur.
Barrera, J., took no part.